Opinion
May, 1915.
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order modified in accordance with opinion per curiam in Horton v. McNally Co. ( ante, p. 248), decided herewith, and as so modified affirmed, without costs. Jenks, P.J., Carr and Putnam, JJ., concurred; Rich, J., voted to affirm on the opinion of Mr. Justice Tompkins at Special Term ( 89 Misc. Rep. 165).